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Brazilian commentator under criminal investigation again for “transphobic” social media posts  

  • Brazilian social media commentator Nine Borges has been summoned to appear before police on Feb. 25 following new investigation into her social media.
  • Borges’ case highlights government efforts in Brazil to censor peaceful online expression; ADF International supports her legal defence. 

BRASILIA (February 24, 2026) — Nine Borges, a Brazilian social media commentator, academic researcher, and British citizen, is now under a second police investigation in Brazil for “transphobic” social media posts. The investigations were opened after an anonymous complaint was filed, alleging that the content posted to Borges’ Instagram account is “discriminatory” and incites hatred and violence against “transgender” people.  

Borges who is currently being criminally investigated for a short Instagram video from September 2024 as well, now has been summoned to appear in a virtual hearing before the Federal Police of Minas Gerais tomorrow from her home in the UK. 

The new complaint further states that Borges issued “transphobic” comments on a popular Brazilian podcast, in which she explained biological facts about men and women, in addition to addressing the philosophical foundations of gender ideology. With a PhD in education, Borges regularly offers critiques of gender ideology and its negative implications for women and society at large. She is also the author of a book on the topic. 

If criminally charged on the basis of these investigations, the charges would carry a potential prison sentence of up to five years each. 

“If a researcher can’t discuss social theories and scientific facts anymore, it signals a profound crisis, one in which inquiry is subordinated to dogma. Facing a second police investigation for my opinions is deeply concerning, but I will not be intimidated into silence."

“If a researcher can’t discuss social theories and scientific facts anymore, it signals a profound crisis, one in which inquiry is subordinated to dogma. Facing a second police investigation for my opinions is deeply concerning, but I will not be intimidated into silence,” Borges stated. 

She added: “Peaceful speech, especially speech that is grounded in biological fact, should never be criminalized. This new investigation makes clear that we must urgently stand up and protect free speech in Brazil.” 

Julio Pohl, Legal Counsel, Latin America for ADF International, which is providing legal support to Borges throughout her criminal investigations stated: “With this second investigation, we see even more clearly what happens when you go against the prevailing orthodoxy in an authoritarian setting. Nine is a prolific online commentator and academic researcher, and now her content is being dredged up following an anonymous complaint and analyzed through a censorial lens even though it should in no way be deemed illegal. The harsh reality is that Nine could be criminally prosecuted, and face serious jail time, simply because some anonymous complainant took issue with her peaceful expression. 

“The censorship we see escalating in Brazil is extremely alarming. No one should fear prison time for stating biological facts or even just peacefully sharing their views online”

Background

Nine Borges is a UK-based academic researcher with 265,000 followers on Instagram, where she is a prominent critic of transgender ideology. In a short, online video posted to Instagram in September 2024, in which she spoke to the camera from her home, she drew attention to concerns about the financing and influence of pro-LGBT organisations in Brazil and included criticism of Symmy Larrat, Brazil’s LGBT National Secretary. The video drew nearly 15,000 likes and 180,000 views. Larrat is a man who identifies as a woman and describes himself on social media using explicit terminology. Larrat filed a complaint over the video, prompting the Federal Police of Brasilia to open their first investigation into Nine’s online content.  

In August 2025, Borges received formal notice that she was being investigated for “transphobia” and “defamation,” prompting her summons to appear before police on October 7, 2025.  The following month, on November 5, police informed Borges that they would recommend moving the investigation forward to formal prosecution for “transphobia” and “misgendering” the LGBT Secretary—an official who self-describes as a “transvestite” and “prostitute.” Borges had used these same terms in her commentary, and police cited this as the basis for pursuing prosecution. ADF International is providing legal support to Borges as a result of the investigation. 

A 2019 ruling from Brazil’s Supreme Federal Tribunal established “transphobia” and “homophobia” as crimes, punishable with up to five years of jail time per count. Overstepping Congress, the Court created a crime without observing the legal and democratic process. Since then, numerous cases have emerged across Brazil in which individuals were charged with “transphobia” for simply sharing their beliefs.  

Most recently, Isadora Borges (not related to Nine Borges), a veterinary student in Brazil, has been criminally prosecuted for alleged “transphobic” comments made on X, with a potential prison sentence of up to 10 years. Her first hearing was held on February 10. In 2025, social media influencer Isabella Cepa faced criminal investigations for her online post about gender ideology. In another case, Assemblies of God Pastor Douglas Baptista faced criminal charges for authoring a book with a Christian view of sexuality. His case was legally supported by ADF International. Charges in both cases were dropped, but they remain evidence of the broader, chilling trend of government efforts in Brazil to censor peaceful online expression. 

Growing Pattern of Censorship in Brazil

International human rights law guarantees the right to express ideas without fear of criminal investigation or prosecution, including criticism of public officials. 

ADF International represents five Brazilian legislators (Senator Eduardo Girao and members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques, and Ricardo Salles) before the Inter-American Commission on Human Rights. The legislators are challenging the violations of their free speech rights before the Commission. They claim violations of their rights under the Convention, including their freedom of expression, as a result of escalating state censorship which reached a head with the 2024 X ban in Brazil during the municipal elections period. Censorship in Brazil has been a persistent and escalating problem since 2019.  

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